Page 1 of 8 TERMS AND CONDITIONS
EKKOFY REFERRALS
Between the undersigned, EKKOFY S.A.S., with NIT 901.328.403-2, a company incorporated under the laws of the Republic of Colombia, owner of the mobile application “EKKOFY” and the website www.tryekko.com, and the Referral users, natural persons with legal capacity to contract, who have completed the registration form on the Technological Platform, the following Terms and Conditions are agreed in accordance with Article 1602 of the Colombian Civil Code, which are binding on all parties:
1. INTERPRETATION:
For the purposes of these Terms and Conditions, and unless expressly stipulated otherwise, capitalized words shall have the meaning assigned to such terms in Section 2 below, whether in the plural or singular. The titles of the clauses and sections of these Terms and Conditions are included for reference and convenience only and in no way limit, define, or describe the scope and intent of the content of each of their respective sections or clauses. Technical or scientific words not expressly defined in this document shall have the meanings corresponding to the respective art or science, and other words shall be understood in their natural and ordinary sense, according to general usage.
2. DEFINITIONS:
As used in this Agreement, the following terms shall have the meanings set forth below:
App: means the “EKKOFY” mobile application.
Benefit: means the benefit that a Referral may access in each Campaign as a result of the Advocate’s Pitch. Not all Campaigns have Benefits, considering they may be campaigns supporting social or political causes, among others.
Campaign: means the advertising campaign about Clients’ Products associated with Benefits. Campaigns may also support social or political causes, among others.
Client: means the natural or legal person with whom EKKOFY has an agreement to carry out a Campaign and who grants the Benefits.
Account: means the Referral’s personal and non‑transferable account on the Technological Platform.
EKKOFY: means Ekkofy S.A.S.
Website: means the website www.tryekko.com.
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Technological Platform or Platform: means the “EKKOFY” mobile application and/or the website www.tryekko.com.
Pitch or Pitches: means the service provided by the Advocate through which he/she recommends or makes the Products known to Referrals.
Products: means the Clients’ goods or services to be pitched to Referrals in a Campaign. “Products” shall also be understood to include support for social, political, or other types of campaigns.
Referral: means the person to whom the Advocate has made the Pitch of one or more Products and who will receive the Benefit if he/she meets the Campaign’s terms and conditions.
Terms and Conditions: means this document, which is a private agreement between Referrals and EKKOFY.
Advocate: means the natural person who will make the Pitches to Referrals. Advocates shall also be understood to include heralds, ambassadors, influencers, or recommenders as they may be called in a given Campaign.
3. GENERAL DESCRIPTION
The Technological Platform is a means by which Referrals can access the Benefits of Clients’ Campaigns through the Pitches made by Advocates.
Read these Terms and Conditions carefully before using the Technological Platform.
By registering on the Technological Platform, the Referral is deemed to have read, understood, and accepted these Terms and Conditions for the use of the Technological Platform. If you do not accept them, you may not use the Technological Platform or access the Benefits. Subsequent modifications to these Terms and Conditions by EKKOFY will be notified and your acceptance will be requested again.
DO NOT USE THE TECHNOLOGICAL PLATFORM OR ACCESS THE BENEFITS IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS
4. REGISTRATION ON THE TECHNOLOGICAL PLATFORM
To access Campaign Benefits it is necessary for the Referral to register and enter the data requested in the registration form in order to create his/her Account. Only natural persons of legal age and with capacity to contract, in accordance with Colombian law applicable at the time of registration, may register as Referrals and access the Benefits. It is the Referral’s responsibility to ensure that the data provided is real, valid, accurate, current, and authentic. EKKOFY shall not be responsible if information is incorrect and does not allow access to his/her Account or to the Benefits.
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The Referral will access his/her personal Account by entering the registered email address and chosen password on the Website or through the App once downloaded and all registration data has been entered. The management and confidentiality of these credentials is the Referral’s sole responsibility. If a third party gains access to the Account without the Referral’s consent and takes actions within the Technological Platform or violates the confidentiality of Account data, this will be deemed the Referral’s responsibility when choosing his/her username and password.
Once the Referral’s personal Account has been created, he/she will be able to access Campaigns.
THE REGISTERED USER MAY NOT SHARE HIS/HER USERNAME AND PASSWORD WITH THIRD PARTIES TO ACCESS HIS/HER ACCOUNT AND THE BENEFITS. ANY VIOLATION OF THIS CLAUSE WILL ENTITLE EKKOFY TO TERMINATE THIS AGREEMENT AND DENY THE USER ACCESS TO THE TECHNOLOGICAL PLATFORM.
The Referral is responsible for all operations carried out on the Technological Platform, since access to it is restricted to entry and use of his/her username and password. The Referral undertakes to notify EKKOFY immediately in writing of any unauthorized use of his/her Account, as well as access by unauthorized third parties.
EKKOFY may temporarily or permanently suspend Referrals whose data cannot be verified, is fraudulent or false, or who misuse the Technological Platform in violation of these Terms and Conditions. In cases of disablement, all transactions carried out will be suspended without any obligation of compensation. EKKOFY also reserves the right to reject any registration request or cancel a previously accepted registration, without giving rise to any right to indemnification or compensation.
EKKOFY is not responsible for the use the Referral makes of his/her Account nor for the use the Referral makes of information obtained from the Technological Platform.
EKKOFY reserves the right to conduct due diligence on persons who wish to register on and use the Technological Platform. This includes activities such as reviewing names and identification numbers, and searching official databases and public registries. EKKOFY reserves the right to refuse individuals the use of the Technological Platform when there are inconsistencies in the information provided or when security risks are perceived. By accepting these Terms and Conditions, the Referral expressly and unequivocally authorizes EKKOFY to use his/her personal data to perform due diligence in databases in order to ensure safety in the provision of services, as set out in the Authorization for the Use of Personal Data, in accordance with NIDOO’s Information Processing Policy, in compliance with Law 1581 of 2012.
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5. BENEFITS
Once the Referral has completed the enrollment process on the Technological Platform and has his/her Account created, he/she may access the Benefits.
For a Referral to access Benefits through the Technological Platform, he/she must meet a series of requirements and conditions previously established by Clients in the respective Campaign. If the Referral does not meet the requirements established for the Campaign, he/she will not be able to access the Benefit.
If the Referral meets the requirements established in the respective Campaign, he/she may access the Benefit.
Each Campaign has its own terms and conditions, which the Referral must read before accessing the Benefits. If the Referral agrees to the terms and conditions of the respective Campaign, he/she may access the Benefits. By accessing the Benefit, the Referral is deemed to have accepted the terms and conditions of the respective Campaign.
By accepting these Terms and Conditions, the Referral understands and agrees that the only party responsible for the Products and the Benefits granted to Referrals is the Client. The Technological Platform is a means through which Clients carry out their Campaigns, Advocates make the Pitch, and Referrals access the Benefits.
Likewise, by accepting these Terms and Conditions, the Referral understands and agrees that the only party responsible for the fulfillment of the Benefits is the Client, and the Technological Platform is merely a means to access them.
The Referral understands that the Advocate will be solely responsible for the use of the personal data of the Referral to whom he/she sends the Pitch about the Products. EKKOFY will only have access to the Referral’s personal data if he/she wishes to redeem the Benefit and registers on the Technological Platform, authorizing the use of his/her personal data.
By accepting these Terms and Conditions, the Referral understands and accepts that EKKOFY is not responsible for the Products or for the promotions and offers regarding the Products made in each Campaign; these are the sole and exclusive responsibility of the Client. The Referral understands and accepts that the party responsible for the Products, promotions and offers regarding the Products, and the Benefits of each Campaign is the Client. The Client reserves the right to change, limit, or terminate special offers or promotions at any time.
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The Technological Platform is a medium to communicate such promotions and offers; therefore, EKKOFY is not responsible for compliance with promotions and offers made by third parties through the Technological Platform.
The term of a Campaign is that which coincides with the effective dates indicated in its specific terms and conditions.
The Referral understands and accepts that the Client is the only party responsible for fulfilling the Benefits. Likewise, the Referral understands and accepts that the products delivered as Benefits are the Client’s responsibility, who is also responsible for their legal warranty. Therefore, the Referral must submit any claim regarding the Products or the products delivered as Benefits to the Client. EKKOFY is not the supplier or manufacturer of the Products or of the products delivered as Benefits.
To access Benefits, the Referral may be redirected to third‑party websites. EKKOFY is not responsible for the information contained on such websites or for transactions carried out on them.
Paragraph: Not all Campaigns will have Benefits, such as Campaigns supporting social, political, or other causes; therefore, the Referral will simply support them with his/her signature without receiving anything in return.
6. LEGAL CAPACITY
1. To accept these Terms and Conditions, you must be of legal age and have legal capacity, under Colombian law, to access the Technological Platform.
2. The Referral declares that the information provided in the registration form and during use of the Technological Platform is true, current, and complete.
7. CONSUMER PROTECTION:
1. The Referral understands that the Client is the only party responsible to the Referral for the Products, the Benefits, and the products delivered as a Benefit.
2. The Referral understands and accepts that EKKOFY is not the supplier or manufacturer of the Products or of the products delivered as a Benefit.
3. The Referral must contact the Client in case of any claim related to the Benefits, the Products, or the products delivered as a Benefit.
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8. FEATURES AND CHANGES
The Technological Platform is in a constant process of evolution and development. The Platform’s features may be modified at any time at EKKOFY’s discretion.
Likewise, these Terms and Conditions may change at any time; notice will be given and you will be asked to accept them again.
9. TECHNICAL AND OPERATIONAL ASPECTS
Referrals must keep in mind the following:
1. EKKOFY adopts the technical and operational measures necessary to ensure the security of stored information. However, in the event of hacking or crime, it is noted that this is a technological service that in any case involves risks for the parties. Therefore, identity verification procedures are issued, and it is recommended to use a password that meets minimum security conditions.
2. The Referral must notify EKKOFY immediately of any security breach or unauthorized use of his/her Account on the Technological Platform.
3. The Referral must have Internet service or a data plan for proper operation of the Technological Platform.
4. Any unauthorized use of the Technological Platform entitles EKKOFY to unilaterally suspend, restrict, or terminate the Account and/or the offending Referral.
Likewise, EKKOFY is not responsible for any damage, loss, lost profits, or consequential damages to the Referral caused by failures in the system, the server, the Internet, or the Referral’s data plan. EKKOFY is also not responsible for any virus that may infect the Referral’s device as a result of accessing the Technological Platform. EKKOFY does not guarantee continuous or uninterrupted access to or use of the Technological Platform. The system may not be available due to technical difficulties or Internet/data failures, or any other circumstances beyond EKKOFY’s control; in such cases, EKKOFY will seek to restore service as quickly as possible without any resulting liability.
10. USAGE PROFILES
It is up to Referrals to define, expand, restrict, modify, and update the data registered on the Technological Platform.
11. CONFIDENTIALITY OF INFORMATION
EKKOFY will not disclose to third parties the personal registration information provided by the Referral, except by order of a competent authority or to persons authorized by the Referral.
12. AUTHORIZATION FOR THE PROCESSING OF PERSONAL DATA
To enroll on and use the Technological Platform, the Referral must authorize EKKOFY to use his/her personal data by accepting the Authorization for the Use of Personal Data, which is independent of these Terms and Conditions.
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EKKOFY is neither the controller nor the processor of the personal data that Referrals register with Clients to access the Benefit.
EKKOFY and the Client will not have access to the Referral’s data; they will only have access if the Referral registers on the Technological Platform.
13. USE OF INFORMATION.
1. These Terms and Conditions grant a limited, non‑exclusive, non‑transferable license that allows registered Referrals to use and access the information available on the Technological Platform. It is expressly prohibited to assign, sell, sublicense, manipulate, or carry out any transaction regarding the license outside these Terms and Conditions.
2. Referrals acknowledge EKKOFY as the holder of copyrights, trademarks, patents, data, software, photographic material, graphic design, trade secrets, and all information contained in the Technological Platform, protected by Law 23 of 1982 and Decision 486 of 2000, international treaties to which the Republic of Colombia is a party, and in general any applicable law. The content of the Technological Platform may not be modified nor used in any way except pursuant to an express license from EKKOFY.
14. PROHIBITIONS
Referrals are expressly prohibited from:
1. Applying measures, loads, software, malicious code, or the like to the Technological Platform that may affect or do affect its operation.
2. Publishing information that infringes copyrights or otherwise affects others’ rights.
3. Using protected material on the Technological Platform, regardless of the mode or purpose.
4. Taking any action that prevents verification of identity, veracity, and in general any verification performed by the Technological Platform.
5. Using the Technological Platform under the influence of alcohol or any narcotic.
6. Copying or reproducing the Technological Platform, its content and/or features.
7. Using robots or IT mechanisms that enable the collection, storage, or manipulation of information from the Technological Platform.
8. Engaging in any conduct contrary to these Terms and Conditions, as well as any illegal conduct.
Page 8 of 8 15. USE OF COOKIES AND ACTIVITY FILE. PLATFORM MONITORING
The Technological Platform uses cookies. The cookies used by the Platform are files sent to a browser via a web server to record the user’s activities on the Platform and enable smoother and more personalized navigation. The user has the ability to configure their browser to prevent entry of cookies, block them, or delete them. To use the Website, it is not necessary for the user to allow the download or installation of cookies.
Likewise, the Website’s servers automatically detect the user’s IP address and network name. All this information is temporarily recorded in a server activity log that enables subsequent processing of data to obtain statistical measurements such as the number of page impressions and the number of visits made to the Website, among other measurements.
16. APPLICABLE LAW
These Terms and Conditions are governed by the laws of the Republic of Colombia and may be modified at any time according to the service offered, which will be published prior to their effective date.
The provider of the services of the Technological Platform is:
EKKOFY S.A.S.
NIT: 901.328.403-2
Address: Calle 97A No. 9A -34, 6th Floor
Email: daniel.palis@ekkofy.com
Phone: +57 310 3469972
Bogotá, Colombia
(CLICK ACCEPT TERMS).
DATE: